alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DENY and Opinion Filed May 20, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00077-CV 

IN RE DAVID S. GRANTHAM, Relator 

Original Proceeding from the 469th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 469-52594-2016 

MEMORANDUM OPINION 

Before Justices Schenck, Reichek, and Carlyle 

Opinion by Justice Reichek 

Before the Court is relator’s pro se petition for writ of mandamus1

 in which 

he challenges the trial court’s order denying relator’s special appearance plea to the 

jurisdiction. 

 Entitlement to mandamus relief requires relator to show that the trial court 

clearly abused its discretion and that he lacks an adequate appellate remedy. In re 

Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re 

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)). 

1

 Relator filed the petition as a motion for emergency relief in cause number 05-21-01047-CV, a then 

pending appeal. Because the motion contained a statement of jurisdiction stating we had “jurisdiction over 

this mandamus proceeding” and clearly sought mandamus relief, we treated the motion as a petition for 

writ of mandamus and assigned it a new cause number. 
 –2– 

“Those seeking the extraordinary remedy of mandamus must follow the applicable 

procedural rules. Chief among these is the critical obligation to provide the 

reviewing court with a complete and adequate record.” In re Le, 335 S.W.3d 808, 

813 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding). 

Here, relator failed to meet his burden to supply this Court with an adequate 

record in support of his request for mandamus relief. Consequently, we deny 

relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8. 

220077F.P05 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE
#### M. L. RUMAGE, Appellant, v. STATE of Texas, Appellee.

No. 30846.

Court of Criminal Appeals of Texas.

June 10, 1959.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

Upon a plea of guilty before the court without a jury, appellant was convicted of the offense of burglary and his punishment assessed at confinement in the penitentiary for 10 years.

No statement of facts accompanies the record.

The record presents two formal bills of exception by which appellant com*866plains of the fact that he had not been served with a copy of the indictment at the time of trial and to the court’s action in refusing to permit him to withdraw his plea of guilty and change the plea to one of not guilty.

The questions presented are the same as those urged and this day overruled in Milligan v. State of Texas, Tex.Cr.App., 324 S.W.2d 864.

No reversible error appearing, the judgment is affirmed.

Opinion approved by the Court.
Exhibit 31.2
 CERTIFICATION PURSUANT TO SECTION 302 OF
THE SARBANES-OXLEY ACT OF 2002
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report,
based on our evaluation; and(d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
  /s/ Linda H. Simmons

Linda H. SimmonsChief Financial Officer and Treasurer
<PAGE>

EXHIBIT 21    SUBSIDIARIES OF THE REGISTRANT

The Subsidiaries of Commercial BancShares, Incorporated are:


  Name of Company                                State of Incorporation
----------------------------------------------   ----------------------
 . Commercial Banking and Trust Company               West Virginia

 . Jackson County Bank                                West Virginia

 . Farmers and Merchants Bank of Ritchie County       West Virginia

 . The Dime Bank                                      Ohio

 . Union Bank of Tyler County                         West Virginia

 . The Community Bank                                 West Virginia

 . The Bank of Paden City                             West Virginia

 . Hometown Insurance Agency, Inc. [Inactive]         West Virginia

 . CommBanc Investments, Inc.                         Ohio

 . Hometown Finance Company                           West Virginia

                                 Page 55 of 57
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Bruker Corporation (the “Company”) on Form 10-Q forthe three months ended June 30, 2008, as filed with the Securities andExchange Commission on the date hereof (the “Report”), Frank H. Laukien,as President, Chief Executive Officer and Chairman of the Board of Directors ofthe Company, and William J. Knight, as Chief Financial Officer of theCompany certify, pursuant to 18 U.S.C. section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of myknowledge:

 

(1)   The Report fully complies with the requirements ofsection 13(a) of the Securities Exchange Act of 1934; and

 

(2)   The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
| Date: August 11,  2008 | By:    | /s/ FRANK H.  LAUKIEN, PH.D.                                                                        |
|-----------------------------|--------|----------------------------------------------------------------------------------------------------------|
|                        |   | Frank H. Laukien, Ph.D.  President, Chief Executive Officer and Chairman   (Principal Executive Officer) |
|                        |   |                                                                                                     |   |
|                        |   |                                                                                                     |   |
| Date: August 11,  2008 | By:    | /s/  WILLIAM  J. KNIGHT                                                                        |
|                        |   | William J. Knight   Chief Financial Officer   (Principal Financial and Accounting Officer)               |

 

1

----
# Fourth Court of Appeals

San Antonio, Texas

December 3, 2019

No. 04

- 19

- 00719

- CR

Deuk Bok CHA,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 1, Bexar County, Texas

Trial Court No. 575753

The Honorable Helen P. Stowe, Judge Presiding



### O R D E R

The Appellant ’ s Motion for Extension of Time to File B rief is hereby GRANTED . The

appellant ’ s brief is due on Februa ry 17, 2020.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 3rd day of December, 2019

.

___________________________________ MICHAEL A. CRUZ

, Cl erk of Court
##### 



EXHIBIT 99.1

AT ROAD, INC.

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Amendment #1 to Quarterly Report of At Road, Inc. (the Company) on
Form 10-Q for the quarter ended March 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Krish Panu, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and                               
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company.

/s/ Krish Panu
Krish Panu
Chief Executive Officer
July 29, 2003
## SERVED MAY 23, 2012**~~r}'ARTMENT** 

## OF u.s. DEPARTMENTOFTRANSPORTATION:

## ,:_>\>lSPORTATIQN

In The Matter Of: COASTAL AIR TRANSPORT, INC., Respondent 

### oFFicE oFHEARINGs ·**~c:<ET OPER/~TIONS**  

### WASHINGTON, DC ) ) ) ) ) ) 

### ZD!Z 1:.\Y 

### 2L! 

### A 

### q: 2 8
Docket No. FAA-2011-1005 Case No. 2010S0700037



### ORDER GRANTING RESPONDENT'S MOTION FORCONTINUANCE OF SECOND CR 16 CONFERENCE On April 2, 2012 an Order Setting a Second Rule 16 Litigation Scheduling Conference, and Directing Rule 26(£) Planning and Submission was filed;·Among other. things, this Order set the Rule 16 Litigation Scheduling Conference for Wednesday, May 23, 2012. On May 17,2012the Complainant, the Federal Aviation Administration (FAA) filed the parties'jointRule 26(£) Proposed Scheduling/Discovery Plan. On May 18, 2012 the Respondent, CoastalAirTransport, Inc., filed a Request for Change ofVenue (sic), noting that the FAA did not object to the Respondent's request to continue the May 23, 2012 to another date (unspecified). On May 18, 2012 the Office ofHearings (OH) clerical staffcontacted boththe FAA and the Respondent by telephone, and the parties agreed to re-set the CR 16 Conference from May 23, 2012 to June 11, 2012 at 11 :OOam EST. It

### Is Hereby Ordered: The Respondent's Motion for Continuance is granted. The Second CR 16 Conference previously set on May 23, 2012 is continued to June 11, 2012 at 11 :OOam EST.

Attachment: Service List

### SERVICE LIST- BY U.S. MAIL· ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite2W1000 1
George Logan, Agent for Service Coastal Air Transport, Inc., Respondent 1131 King Street, Suite 204 Christiansted, St. Croix,.VI 00820-4971 Michael Foster, President Coastal Air Transport, Inc., Respondent P.O. Box 3985 Christiansted, St. Croix, VI 00822 TEL:. 340-773-6862 

### ONE COPY

Rashawn Rich George, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal AviationAdministration P.O. Box 20636 Atlanta GA 30320 TEL: 404-305-5200

---- FAX: 404-305-5223 The Honorable J.E. Sullivan,Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2011-1005 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Exhibit 32.1



CERTIFICATION



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and
Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Michael M. Wick, M.D., Ph.D., the Chairman and Chief Executive Officer of Telik, Inc. (the Company), and Cynthia M. Butitta, the Chief
Operating Officer and Chief Financial Officer of the Company, each hereby certifies that, his or her knowledge:



1. The Companys Quarterly Report on Form 10-Q for the period ended September 30, 2005, to which this Certification is attached as Exhibit 32.1 (the
Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and



2.The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



In Witness Whereof, the undersigned have set their
hands hereto as of the 8th day of November, 2005.



|                                     |  |                                                    
|------------------------------------ |  | ---------------------------------------------------
|/s/ MICHAEL M. WICK                  |  | /s/ CYNTHIA M. BUTITTA                             
|Michael M. Wick, M.D., Ph.D.         |  | Cynthia M. Butitta                                 
|Chairman and Chief Executive Officer |  | Chief Operating Officer and Chief Financial Officer



This certification accompanies the
Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of
1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                            1703
<SECURITIES>                                       100
<RECEIVABLES>                                    13425
<ALLOWANCES>                                      1337
<INVENTORY>                                       2664
<CURRENT-ASSETS>                                 17511
<PP&E>                                            5101
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   29527
<CURRENT-LIABILITIES>                            18751
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          2323
<OTHER-SE>                                       55736
<TOTAL-LIABILITY-AND-EQUITY>                     29527
<SALES>                                          18232
<TOTAL-REVENUES>                                 33577
<CGS>                                             8439
<TOTAL-COSTS>                                    17008
<OTHER-EXPENSES>                                 34761
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                3184
<INCOME-PRETAX>                               (21,376)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (21,376)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (21,376)
<EPS-PRIMARY>                                   (1.03)
<EPS-DILUTED>                                   (1.03)
        

</TABLE>
EXHIBIT 31.2



I, Richard H. Gross certify that:





|1. | I have reviewed this annual report on Form 10-K/A of Midwest Energy Emissions Corp.;                                                                                                                                                                                                                      
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                                                                                                                                                                           
|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





|                      |     |                                                       | 
|--------------------- | --- | ----------------------------------------------------- | 
|Dated: April 30, 2019 | By: | */s/ Richard H. Gross*                                | 
|                      |     | Richard H. Gross                                      | 
|                      |     | Chief Financial Officer (Principal Financial Officer) |
I

7/21’/’7

SECTION 42 — OPEN BURNIN_G

42.1 No person shall cause, suffer, allow,or permit

the burning of any combustible material in any

open fire except as provided in this Section

and then only when such burning has been approved

In advance by the Control Officer. Such excep

tions are as follows: -

42.1.1 When in the judgment of the Control Officer, no

othor safe method for the disposal of combustible,

explosive.or dangerous material exists or can re—

sonably be obtained;

42.1.2 Small fires for recreational, educational, cere

monial, cooking purposes and warmth of human beings,

including barbecues and outdoor fireplaces provided

they do not create a public nuisance;

42.1.3 Where fire is set either by officçrs of governmental

agencies, In performance of their official duties

or for the purposes of training and instruction of

fire—fighting and fire—rescue personnel;

42.1.4 Outside the Las Vegas Valley, when such fire is set

on a.field used for growing crops in the course of

disposing of unused portions of a crop and inter

mingled weeds resultlng from an agriculture operation;

42.1.5 Domestic burning oit material originating on premises,

exclusive of garbage, at a property used exclusively

as a private residence or dwelling where there is no

collection service available for such material.

Nothing in this section .shall be construed to pro

hibit or make unlawful the Construction and use_of

private barbecue pits, grills, or outdoor fireplaces

for the preparation of food for consumption by

lndiv1d’aIs nor shll any permit from the Control

Officer be terefor.

42.4 Open burning shall be prohibited during air pollu—

tion episode conditions as defined in Section 6 of

the Implementation Plan for the State of Nevada

entitled, EFIERGENCY EPISODE PLAN.
EXHIBIT 24.5

POWER OF ATTORNEY

(Annual Report on Form 10-K)

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris and Kerry Mustoe, and each of them, his
or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended June 3, 2006 and any and all amendments
thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that said attorneys and agents and each of
them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred.

Dated:
July 20, 2006.



/s/ GERALD F. TAYLORGerald F. Taylor
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-3012

GEORGE W. WINGO,

Petitioner,

v.

UNITED STATES POSTAL SERVICE,

Respondent.

Petition for review of the Merit Systems Protection Board in DA0752080083-I-1.

ON MOTION

ORDER

George W. Wingo moves for leave to file a supplemental appendix to his

corrected opening brief and appendix that includes United States Merit Systems

Protection Board's certified list.

Upon consideration thereof,

IT IS ORDERED THAT:

The motion is granted. The court will treat the motion, with a blue cover, which

includes a faxed copy of the certified index, as a supplement to his corrected opening

brief and appendix. A copy of this order shall be transmitted to the merits panel to

inform the panel that the motion is treated as a supplemental appendix.

FOR THE COURT

MAR 13 2009

/s/ Jan Horbalv

Jan Horbaly	FILED US. COURT OF APPEALS FOR Clerk	THE FEDERAL CIRCUIT

cc:	Hope H. Camp, Jr., Esq.

s20

	Michael D. Austin, Esq.	

MAR 1 3 2009

r.

Date
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

WARNER CHILCOTT (US), LLC, ALLERGAN 

PHARMACEUTICALS INTERNATIONAL LTD., 

ALLERGAN USA, INC.,

Plaintiffs

ALLERGAN SALES, LLC, QUALICAPS CO., LTD.,

Plaintiffs-Appellants

v.

TEVA PHARMACEUTICALS USA, INC.,

Defendant-Appellee

MYLAN PHARMACEUTICALS, INC., MYLAN 

LABORATORIES LIMITED, MYLAN INC.,

Defendants

______________________ 

2018-1241

______________________ 

Appeal from the United States District Court for the 

Eastern District of Texas in Nos. 2:15-cv-01471-JRG-RSP, 

2:15-cv-01740-JRG-RSP, 2:17-cv-00343-JRG-RSP, Judge 

J. Rodney Gilstrap.

______________________ 

JUDGMENT

______________________ 
MICHAEL N. KENNEDY, Covington & Burling LLP, 

Washington, DC, argued for plaintiffs-appellants. Also 

represented by JEREMY D. COBB, JEFFREY B. ELIKAN,

PHILIP SCOTT MAY; DAVID SCOTT DENUYL, San Francisco, 

CA. 

 JOHN CHRISTOPHER ROZENDAAL, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for defendant-appellee. Also represented by MICHAEL E. JOFFRE,

WILLIAM H. MILLIKEN, DANIEL RITTERBECK, CHANDRIKA 

VIRA. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (MOORE, REYNA, and CHEN, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

 December 12, 2018 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court